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RUSSELL v. DUNSTON

No. 552, Docket 89-7800.

896 F.2d 664 (1990)

Timothy E. RUSSELL, Plaintiff-Appellant, v. Leonard G. DUNSTON, Individually and as Director of the New York State Division for Youth, Robert A. Wiley, Individually and as Director of Harlem Valley Secure Center, and Edward V. Regan, Individually and as Comptroller of the New York State Employees' Retirement System, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 12, 1990.

Attorney(s) appearing for the Case

Richard E. Casagrande, Albany, N.Y., for plaintiff-appellant.

Nancy Miller Lerner, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of New York, Ellen J. Fried, Marilyn T. Trautfield, Asst. Attys. Gen., New York City, of counsel), for defendants-appellees.

Before LUMBARD, NEWMAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This action, brought under 42 U.S.C. § 1983, questions the constitutional adequacy of the notice given to an applicant for disability retirement benefits regarding the appropriate time for filing. Appellant Timothy E. Russell contends that the failure to provide notice prior to the termination of his medical leave status deprived him of property rights without due process because that termination also marked the end of his application period...

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